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Act of Sederunt (Rules of the Court of Session 1994) 1994

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Table of feesS

42.16.—(1) The Table of Fees shall regulate the fees of a solicitor charged in an account in any cause between party and party.

(2) In the Table of Fees, “sheet” means a page of 250 or more words or numbers.

(3) The Table of Fees is as follows.

TABLE OF FEESS
CHAPTER ISTABLE OF DETAILED CHARGES
Paragraph
Framing documents

1.(a) Framing precognitions and other papers (but not including affidavits), per sheet

[F110.90]

(b)Framing formal documents such as inventories, title pages and accounts of expenses, etc., per sheet ... ... ... ...

[F24.60]

(c)Framing affidavits, per sheet ... ... ... ...

[F315.90]
Notes.
  • [F62.] Where a skilled witness prepares his own precognition or report, the solicitor shall be allowed half drawing [F7fee for perusing it (whether or not in the course of doing so he revises or adjusts it)].

[F8Copying

2.  For the copying of papers by whatever means-

(a)where a copy is required to be lodged, or sent, in pursuance of any of rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and he may make different provision for different classes of case); and

[F91.10]

(b)in any other case, if the Auditor determines (either or both) that-

(i)the copying had to be done in circumstances which were in some way exceptional;

(ii)the papers which required to be copied were unusually numerous having regard to the nature of the cause,

such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person in copying shall not be allowed).

[F90.44]
Notes

1.  Where a determination is required under sub-paragraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account.

2.  Copying done other than in the place of business of the solicitor shall be shown as an outlay]

Revising

3.  Papers drawn by counsel, open and closed records, etc., for each five sheets or part of a sheet ... ... ... ...

[F104.60]
Citation of parties, witnesses, havers and instructions to messenger-at-arms

4.(a) Each party ... ... ... ...

[F1110.90]

(b)Each witness or haver ... ... ... ...

[F1210.90]

(c)Instructing messenger-at-arms including examining, execution and settling fee

[F1310.90]
Time charge

5.(a) Preparation for proof, jury trial or any other hearing at court, per quarter hour or such other sum as in the opinion of the Auditor is justified.

[F1421.50]

(b)Attendance at meetings, proof, jury trial or any other hearing at court including waiting time, or consultation with counsel, per quarter hour ... ... ... ...

[F1521.50]
  • or such other sum as in the opinion of the Auditor is justified.

(c)Perusal of documents per quarter hour ... ... ... ...

[F1621.50]
  • or such other sum as in the opinion of the Auditor is justified.

(d)Allowance for time of clerk, one-half of the above.

(e)Attendance at Office of Court–

(i)for making up and lodging process ... ... ... ...

[F1710.90]

(ii)for lodging all first steps of process ... ... ... ...

[F1810.90]

(iii)for performance of formal work (other than work under head (ii)) ... ... ... ...

[F194.60]
Notes.
  • Time necessarily occupied in travelling is to be regarded as if occupied on business. Reasonable travelling and maintenance expenses are to be allowed in addition.

  • In the event of a party in a proof or jury trial being represented by one counsel only, allowance may be made to the solicitor should the case warrant it, for the attendance of a clerk at one half the rate chargeable for the attendance of the solicitor.

Correspondence

6.(a) Letters including instruction to counsel (whether sent by hand, post, telex or facsimile transmission), each page of 125 words ... ... ... ...

[F2010.90]

(b)Formal letters ... ... ... ...

[F212.10]

(c)Telephone calls (except under sub-paragraph (d)) ... ... ... ...

[F224.60]

(d)Telephone calls (lengthy), to be charged at attendance rate.

Note.

In relation to sub-paragraph (d), whether a telephone call is “lengthy” will be determined by the Auditor.

CHAPTER IISWITNESSES' FEES
Managers, executives and officers in HM Forces and merchant shipping

1.  A person in managerial or similar executive position, officer in Her Majesty’s Forces or in a merchant ship who is cited to give evidence, maximum per half day (including travelling time) ... ... ... ...

£140.00
Professional persons

2.  A professional person who is a witness to matters of fact–

(a)if cited to give evidence and in consequence–

(i)requires to be absent from his practice, maximum per half day (including travelling time) ... ... ... ...

£ 98.00

(ii)necessarily employs a locum or other substitute to act for him in his absence whom he requires to remunerate, maximum per half day ... ... ... ...

£ 56.00

(iii)examines papers for the purpose of giving evidence, maximum ... ... ... ...

£168.00

(b)if cited to give evidence but where the citation is cancelled–

(i)more than 48 hours but less than 7 days before the date for which he has been cited, maximum ... ... ... ...

£168.00

(ii)less than 48 hours before that date, the sum he would have been paid under sub-paragraph (a) if he had been called to give evidence.

Other persons

3.(a) A person not included in paragraph 1 or 2 of this Chapter of this Table who is cited to give evidence and in consequence incurs loss of wages or the payment of a substitute–

(i)in respect of lost wages, maximum per half day ... ... ... ...

£52.00

(ii)in respect of payment of a substitute, maximum per half day ... ... ... ...

£29.00

(b)A person not included in paragraph 1, 2 or 3(a) of this Chapter of this Table who is cited to give evidence and attends at court, maximum per day ... ... ... ...

£14.00
Travelling allowance

4.  In respect of a witness there shall be allowed a travelling allowance being such sum as the Auditor may determine to have been reasonably incurred by the witness in travelling from and to his residence or place of business and the court.

Subsistence allowance

5.  In respect of a witness there shall be allowed a subsistence allowance being such sum as the Auditor may determine to have been reasonably incurred by the witness for the extra cost of subsistence during his absence from his home or place of business, as the case may be, for the purpose of giving evidence, and, where the witness is necessarily detained overnight, for the cost of board and lodging–

(a)where absence is not more than 4 hours, maximum ... ... ... ...

£ 7.00

(b)where absence is more than 4 hours, maximum ... ... ... ...

£14.00

(c)in addition where absence extends overnight, maximum per night ... ... ... ...

£70.00
Maritime witness

6.  Where a witness who is a seaman or off-shore worker is detained ashore to give evidence, provided reasonable notice of intention to detain has been given to the party found liable in expenses, charges for no longer than detention of 28 days shall be allowed.

Value added tax

7.  In the case of a witness who is a taxable person in terms of the Value Added Tax Act 1983 the maximum amounts specified in the preceding paragraphs of this Chapter of this Table may be exceeded by such amount as appears to the Auditor appropriate having regard to the value added tax for which the witness is liable.

Receipts and vouchers

8.  Receipts and detailed vouchers for all payments claimed in respect of a witness shall be produced on request to the party found liable in expenses, before the taxation of the account of expenses, and to the Auditor if required by him.

Account of fees of witnesses

9.  The fees charged for a witness shall be stated in the account of expenses in a lump sum and the details of the charges shall be entered in a separate schedule appended to the account as follows:–

Name and designationWhere fromDays chargedRate per dayTravelling and subsistence allowanceTotalTaxed off
CHAPTER IIIS
PART ISUNDEFENDED CAUSES(other than consistorial actions)
Inclusive fee

1.  In all undefended causes wher e no proof is led, the pursuer’s solicitor may at his option elect to charge an inclusive fee to cover all work from taking instructions up to and including obtaining extract decree. The option shall be exercised by the solicitor for the pursuer endorsing a minute of election to the above effect on the principal summons or petition before decree is taken.

(a)All work up to and obtaining extract decree ... ... ... ...

[F23193.30]

(b)Outlays to an amount not exceeding [F24£322.40] (exclusive of value added tax) shall also be allowed.

PART IISUNDEFENDED CONSISTORIAL ACTIONS(other than by affidavit procedure in Part III of this Chapter)

1.  All work(other than precognitions) up to and including the calling of the summons in court ... ... ... ...

[F25272.40]
Note. Precognitions to be charged as in paragraph 5 of Part V of this Chapter of this Table.
Incidental procedure

2.  Fixing diet, enrolling action, preparing for proof, citing witnesses, etc. ... ... ... ...

[F26155.30]
Amendment

3.(a) Where summons amended, re-service is not ordered and motion is not starred

[F2739.80]

(b)Where summons amended, re-service is not ordered and motion is starred ... ... ... ...

[F2857.60]

(c)Where summons amended and re-service is ordered ... ... ... ...

[F2971.50]
Commission to take evidence on interrogatories

4.(a) All work up to and including lodging of completed interrogatories, but excluding attendance at execution of commission ... ... ... ...

[F3069.80]

(b)Attendance at execution of commission (if required), per quarter hour ... ... ... ...

[F3121.50]

(c)In addition a fee per sheet for completed interrogatories, including all copies, of ... ... ... ...

[F3211.80]
Commission to take evidence on open commission

5.(a) All work up to and including lodging of report of commission, but excluding attendance at execution of commission ... ... ... ...

[F3364.60]

(b)Attendance at execution of commission, per quarter hour ... ... ... ...

[F3421.50]
Other matters

6.  Where applicable, charges under paragraphs 6, 7, 10, 14, 16 and 21 of Part V of this Chapter of this Table.

Proof and completion fee

7.  All work to and including sending extract decree, but excluding account of expenses

[F35193.30]
Accounts

8.  Framing and lodging account and attending taxation ... ... ... ...

[F3659.60]
PART IIISUNDEFENDED CONSISTORIAL ACTIONS(affidavit procedure)

1.(1) This paragraph applies to any undefended action of divorce or separation where–

(a)the facts set out in section 1(2)(a) (adultery) or 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976(1) (“the 1976 Act”) are relied on;

(b)there are no conclusions relating to any ancillary matters; and

(c)the pursuer seeks to prove those facts by means of affidavits.

(2) The solicitor for the pursuer may, in respect of the work specified in column 1 of Table A below, charge the inclusive fee specified in respect of that work in column 2 of that Table.

(3) Where the pursuer has been represented in respect of work specified in column 1 of Table A below by an Edinburgh solicitor and a solicitor outside Edinburgh, the Auditor may, where he is satisfied that it was appropriate for the pursuer to be so represented, allow the inclusive fee specified in column 3 instead of the inclusive fee specified in column 2 of that Table.

TABLE A
Column 1Column 2Column 3
Work doneInclusive feeDiscretionary inclusive fee Edinburgh solicitor and solicitor outside Edinburgh
££

1.  All work to and including calling of the summons

[F37392.40][F37448.10]

2.  All work from calling to and including swearing affidavits

[F38278.90][F38338.60]

3.  All work from swearing affidavits to and including sending extract decree

[F3985.70][F39125.70]

4.  All work to and including sending extract decree

[F40756.90][F40912.40]
Add session feeof 7½%of 10%

2.(1) This paragraph applies to any undefended action of divorce or separation where–

(a)the facts set out in section 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five years' non-cohabitation) of the 1976 Act are relied on;

(b)there are no conclusions relating to any ancillary matters; and

(c)the pursuer seeks to prove those facts by affidavit.

(2) The solicitor for the pursuer may, in respect of the work specified in column 1 of Table B below, charge the inclusive fee specified in respect of that work in column 2 of that Table.

(3) Where the pursuer has been represented in respect of work specified in column 1 of Table B below by an Edinburgh solicitor and a solicitor outside Edinburgh, the auditor may, where he is satisfied that it was appropriate for the pursuer to be so represented, allow the inclusive fee specified in respect of that work in column 3 instead of the inclusive fee specified in column 2 of that Table.

TABLE B
Column 1Column 2Column 3
Work doneInclusive feeDiscretionary inclusive fee Edinburgh solicitor and solicitor outside Edinburgh
££

1.  All work to and including calling of the summons

[F41322.70][F41378.50]

2.  All work from calling to and including swearing affidavits

[F42155.30][F42197.20]

3.  All work from swearing affidavits to and including sending extract decree

[F4385.70][F43125.70]

4.  All work to and including sending extract decree

[F44563.70][F44701.30]
Add session feeof 7½%of 10%

3.  If–

(a)the solicitor for the pursuer charges an inclusive fee under either paragraph 1 or 2 of this Part, and

(b)the action to which the charge relates includes a conclusion relating to an ancillary matter,

in addition to that fee he may charge in respect of the work specified in column 1 of Table C below the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE C
Column 1Column 2
Work doneInclusive fee £

1.  All work to and including calling of the summons

[F4579.70]

2.  All work from calling to and including swearing affidavits

[F4689.40]

3.  All work under items 1 and 2

[F47169.00]
PART IVSOUTER HOUSE PETITIONS
Unopposed petition

1.(a) All work including precognitions and all copyings, up to and obtaining extract decree ... ... ... ...

[F48402.50]

(b)Where the party has been represented by an Edinburgh solicitor and a solicitor outside Edinburgh, the Auditor may, where he is satisfied that it was necessary for the party to be so represented, allow a fee of ... ... ... ...

[F49557.70]

(c)Outlays including duplicating charges to be allowed in addition.

Opposed petition

2.(a) All work (other than precognitions) up to and including lodging petition, obtaining and executing warrant for service ... ... ... ...

[F50272.80]

(b)Outlays including duplicating charges to be allowed in addition.

(c)Where applicable, charges under paragraphs [F511A,] 2, 3 and 5 to 21 of Part V of this Chapter of this Table.

Reports in opposed petitions

3.(a) For each report by the Accountant of Court ... ... ... ...

[F5248.70]

(b)For any other report, as under paragraph 6 of part V of this Chapter of this Table.

Obtaining bond of caution ... ... ... ...
[F5346.00]
PART VSDEFENDED ACTIONS
[F54Work before action commences

1A.  All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings ... ... ... ...

£250; or such lesser sum as in the opinion of the Auditor is justified.]
Instruction F55...

1.(a) All work (apart from precognitions) [F56from commencement] until lodgment of open record ... ... ... ...

[F57378.50]

(b)Instructing re-service where necessary ... ... ... ...

[F5840.80]

(c)If counterclaim lodged, additional fee for each party ... ... ... ...

[F5979.70]
Record F60...

2.(a) All work in connection with adjustment and closing of record including subsequent work in connection with By Order Adjustment Roll ... ... ... ...

[F61402.50]

(b)All work as above, so far as applicable, where cause settled or disposed of before record closed ... ... ... ...

[F62248.90]

(c)If consultation held before record closed, additional fees may be allowed as follows–

(i)arranging consultation ... ... ... ...

[F634O.80]

(ii)attendance at consultation, per quarter hour ... ... ... ...

[F6421.50]

(d)Additional fee to sub-paragraph (a) or (b) (to include necessary amendments) to the pursuer and existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of ... ... ... ...

[F65119.40]

(e)If an additional pursuer, defender or third party is brought in after the record is closed, an additional fee shall be allowed to the existing pursuer and the existing defender or defenders, each of ... ... ... ...

[F66177.30]
Procedure Roll or hearing

3.(a) Preparing for hearing including all work, incidental work and instruction of counsel ... ... ... ...

[F6779.70]

(b)Attendance fee, per quarter hour ... ... ... ...

[F6821.50]

(c)Advising and work incidental to it ... ... ... ...

[F6959.60]
Adjustment of issues and counter-issues

4.(a) All work in connection with and incidental to the lodging of an issue, and adjustment and approval of it ... ... ... ...

[F7075.70]

(b)If one counter-issue, additional fee to pursuer of ... ... ... ...

[F7121.50]

(c)Where more than one counter-issue, an additional fee to pursuer for each additional counter-issue ... ... ... ...

[F7210.90]

(d)All work in connection with lodging of counter-issue and adjustment and approval of it ... ... ... ...

[F7375.70]

(e)Fee to defender or third party for considering issue where no counter-issue lodged ... ... ... ...

[F7421.50]

(f)Fee to defender or third party for considering each additional counter-issue ... ... ... ...

[F7510.90]
Precognitions

5.  Taking and drawing precognitions, per sheet ... ... ... ...

[F7638.70]
Notes.
(1)

F77...

(2)

F78...

(2)

F79Where a skilled witness prepares his own precognition or report, the solicitor shall be allowed, for [F80perusing it (whether or not in the course of doing so he revises or adjusts it)], half of the taking and drawing fee per sheet.

Reports obtained under order of court excluding Auditor’s report

6.(a) All work incidental to it ... ... ... ...

[F8185.70]

(b)Additional fee for perusal of report, per quarter hour ... ... ... ...

[F8211.80]
or such other sum as in the opinion of the Auditor is justified.
Specification of documents

7.(a) Instructing counsel, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor ... ... ... ...

[F8379.70]

(b)Fee to opponent ... ... ... ...

[F8438.70]

(c)Attendance at execution of commission, per quarter hour, of ... ... ... ...

[F8521.50]

(d)If alternative procedure adopted, a fee per person on whom order served, of

[F8631.80]
Commission to take evidence on interrogatories

8.(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories ... ... ... ...

[F87161.40]

(b)Fee to opponent if cross-interrogatories lodged ... ... ... ...

[F88129.50]

(c)Fee to opponent if no cross-interrogatories lodged ... ... ... ...

[F8947.90]

(d)In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies, of ... ... ... ...

[F9011.80]
Commission to take evidence on open commissions

9.(a) Applying for commission up to and including lodging report of commission, but excluding sub-paragraph (c) ... ... ... ...

[F91177.30]

(b)Fee to opponent ... ... ... ...

[F9279.70]

(c)Fee for attendance at execution of commission, per quarter hour, of ... ... ... ...

[F9321.50]
Miscellaneous motions and minutes where not otherwise covered by this Part

10.(a) Where attendance of counsel and/or solicitor not required ... ... ... ...

[F9421.50]

(b)Where attendance of counsel and/or solicitor required, inclusive of instruction of counsel, not exceeding half hour ... ... ... ...

[F9559.60]

(c)Thereafter attendance fee, per additional quarter hour ... ... ... ...

[F9621.50]

(d)Instructing counsel for a minute (other than a minute ordered by the court), revising and lodging as a separate step in process including any necessary action

[F9759.60]

(e)Perusing a minute of admission or abandonment ... ... ... ...

[F9821.50]
Incidental procedure

11.  (not chargeable prior to approval of issue or allowance of proof)

Fixing diet, obtaining note on the line of evidence, etc., borrowing and returning process, lodging productions, considering opponent’s productions and all other work prior to the consultation on the sufficiency of evidence ... ... ... ...

[F99225.10]
Amendment of record

12.(a) Amendment of conclusions only, fee to proposer ... ... ... ...

[F10059.60]

(b)Amendment of conclusions only, fee to opponent ... ... ... ...

[F10121.50]

(c)Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer ... ... ... ...

[F10287.60]

(d)In same circumstances, fee to opponent ... ... ... ...

[F10340.30]

(e)Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers ... ... ... ...

[F104203.90]

(f)Fee for adjustment of minute and answers, where applicable, to be allowed in addition to each party, of ... ... ... ...

[F105113.50]
Preparation for proof or jury trial

13.  (to include fixing consultation on the sufficiency of evidence, fee-funding precept, citing witnesses, all work checking and writing up process and preparing for proof or jury trial)

(a)If action settled before proof or jury trial, or lasts only one day, to include, where applicable, instruction of counsel ... ... ... ...

[F106547.80]

(b)For each day or part of day after the first, including instruction of counsel ... ... ... ...

[F10748.70]

(c)Preparing for adjourned diets and all work incidental to it as in sub-paragraph (a), if adjourned for more than five days ... ... ... ...

[F10899.70]

(d)If consultation held before proof or jury trial, attendance at it, per quarter hour

[F10921.50]
[F110Copying

14.  For the copying of papers by whatever means-

(a)where a copy is required to be lodged, or sent, in pursuance of any of rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and he may make different provision for different classes of case); and

(b)in any other case, if the Auditor determines (either or both) that-

(i)the copying had to be done in circumstances which were in some way exceptional;

(ii)the papers which required to be copied were unusually numerous having regard to the nature of the cause,

such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person in copying shall not be allowed).

Notes

1.  Where a determination is required under sub-paragraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account.

2.  Copying done other than in the place of business of the solicitor shall be shown as an outlay]

Settlement

15.(a) Settlement by tender

(i)Lodging or considering first tender ... ... ... ...

[F111119.40]

(ii)Lodging or considering each further tender ... ... ... ...

[F11279.70]

(iii)If tender accepted, an additional fee to each accepting party ... ... ... ...

[F11379.70]

(b)Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender) to include preparation and lodging of joint minute ... ... ... ...

[F114199.20]

(c)The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement, of

[F115338.50]
Hearing limitation fee

16.  To include all work undertaken with a view to limiting the matters in dispute or limiting the scope of any hearing, and including exchanging documents, precognitions and expert reports, agreeing any fact, statement or document, and preparing and lodging any joint minute ... ... ... ...

[F116423.30]
Proof or jury trial

17.  Attendance fee, per quarter hour ... ... ... ...

[F11721.50]
Accounts

18.  To include framing and lodging account, and attending taxation, uplifting account and noting taxations ... ... ... ...

[F118144.30]
Ordering and obtaining extract
[F11931.80]
Final procedure

20.(a) If case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial, to include all work to close of cause so far as not otherwise provided for ... ... ... ...

[F120161.40]

(b)In any other case ... ... ... ...

[F11048.70]
Session fee

21.  To cover communications with client and counsel, 7½% of total fees and copyings allowed on taxation, to be charged only on that part of the account charged under Part V of Chapter III of this Table. Where an Edinburgh solicitor has been involved, the Auditor may, where he is satisfied that it was necessary for such solicitor to have been involved, allow an additional session fee of not more than 2½% of total fees and copyings allowed on taxation charged only on that part of the account charged under Part V of Chapter III of this Table.

PART VISINNER HOUSE BUSINESS
Reclaiming motions

1.(a) Fee for appellant for all work up to interlocutor sending cause to roll ... ... ... ...

[F121119.40]

(b)Fee for respondent ... ... ... ...

[F12259.60]

(c)Additional fee for each party for preparing or revising every 50 pages of Appendix

[F12350.00]
Appeals from inferior courts

2.(a) Fee for appellant ... ... ... ...

[F124144.30]

(b)Fee for respondent ... ... ... ...

[F12571.50]

(c)Additional fee for each party for preparing or revising every 50 pages of Appendix

[F12648.70]
Summar Roll

3.(a) Preparing for discussion and instructing counsel ... ... ... ...

[F127119.40]

(b)Attendance fee, per quarter hour ... ... ... ...

[F12821.50]
Other matters

4.  Where applicable, charges under Part V of this Chapter of this Table.

Special cases, Inner House petitions and appeals other than under paragraph 2 of this Part

5.  According to circumstances of the case.

Obtaining bond of caution
[F12948.70]
PART VIISADMIRALTY AND COMMERCIAL CAUSES, MERCANTILE SEQUESTRATIONS AND APPLICATIONS FOR SUMMARY TRIAL UNDER SECTION 26 OF THE ACT OF 1988 AND CAUSES REMITTED FROM THE SHERIFF COURT

Charges under this Part shall be based on this Table according to the circumstances.

PART VIIISSOLICITORS EXERCISING RIGHTS OF AUDIENCE UNDER SECTION 25 OF THE SOLICITORS (SCOTLAND) ACT 1980

1.  The Auditor shall allow to a solicitor who exercises a right of audience by virtue of section 25A of the Solicitors (Scotland) Act 1980(2) such fee for each item of work done by the solicitor in the exerise of such right as he would allow to counsel for an equivalent item of work.

2.  Where a solicitor exercises a right of audience by virtue of section 25A of the Solicitors (Scotland) Act 1980, and is assisted by another solicitor or a clerk, the Auditor may also allow attendance fees in accordance with Parts IV and V of this Chapter of this Table.

PART IXSGENERAL

The Auditor shall have power to apportion the foregoing fees in this chapter between parties' solicitors in appropriate circumstances or to modify them in the case of a solicitor acting for more than one party in the same cause or in the case of the same solicitor acting in more than one cause arising out of the same circumstances or in the event of a cause being settled or disposed of at a stage when the work covered by an inclusive fee has not been completed.

CHAPTER IVS[F130TRANSCRIPTS OF EVIDENCE ETC.]

[F131Notes

(1)

Transcripts of evidence will be made only on directions from the court, and the cost of them in defended causes will, in the first instance, be payable by the solicitors for the parties in equal proportions. The daily transcripts of evidence shall be made only if all compearing parties consent. When an undefended cause is continued, or where for other reasons the court considers it necessary that transcripts be made for the use of the court and so directs, the cost will be borne by the solicitor for the pursuer in the first instance. In any cause where transcripts have not been made but are required for a reclaiming motion, the solicitor for the reclaimer may request that they be made; and when they are thus available they will be lodged in court, the cost of transcription being payable in the first instance by the solicitor for the reclaimer.

(2)

In any cause where the court, on a motion enrolled for the purpose, certifies that there is reasonable ground for reclaiming and that the reclaimer is unable, for financial reasons, to meet the cost of the necessary transcription from which copies for the use of the Inner House are made, the cost of such transcription will be paid out of public funds.]

[F132Attendance of shorthand writer]

1.  [F133Attendance by shorthand writer at] proof, jury trial or commission, per hour, with a minimum fee of [F134103.70 ]per day ... ... ... ...

[F13425.93]
[F135Notes of evidence: extension by shorthand writer or transcriber]

2.(a) Except where these are transcribed daily, per sheet ... ... ... ...

[F1364.25]

(b)Where these are transcribed daily, per sheet ... ... ... ...

[F1365.19]

(c)Where notes of evidence have been directed to be supplied for the use of the court, copies may be made available to parties, payable to the shorthand writer [F137or transcriber] by the solicitor for the parties obtaining the copies, per sheet ... ... ... ...

[F1360.36]

Textual Amendments

Commencement Information

I1Sch. 2 rule 42.16 in force at 5.9.1994, see para. 1(1)

(2)

1980 c. 46; section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 24.

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